Federal Circuit Considers Analogous Art In Obviousness Analysis
On November 8, 2019, the Court of Appeals for the Federal Circuit (CAFC) vacated the judgment of the Patent Trial and Appeal Board (PTAB) reversing the patent examiner’s rejection of new claims presented by Firepass Corp. (Firepass) in an inter partes reexamination of a U.S. patent. Airbus S.A.S. v. Firepass Corp., __ F.3d __, (Fed. Cir. Nov. 8, 2019). The CAFC found that the PTAB erred in its analysis of analogous art.
Federal Circuit Vacates PTAB’s Obviousness Finding For Failure To Consider Evidence Of Copying
On October 30, 2019, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion vacating a decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) that Liqwd, Inc.’s patent claims are unpatentable as obvious. Liqwd, Inc. v. L'Oreal USA, Inc., __ F.3d __ (Fed. Cir. Oct. 30, 2019). The CAFC ruled that the PTAB erred in concluding that evidence of copying the patented invention was legally irrelevant.